Related News and Opinion

7th Circuit Court of AppealsNortheastern
Rural Electric Membership Corp. v. Wabash Valley Power Association
12-2037
Vacates preliminary injunction granted by the U.S. District Court of the Southern District of Indiana, and remands the case
to the district court so it may remand it to state court. Found the federal court does not have jurisdiction because the key
questions of whether the contract was valid and whether the contract was breached are not questions of federal law.

Indiana Supreme Court K.W. v. State of Indiana
49S02-1301-JV-20
Juvenile. Affirms Court of Appeals reversal of trial court ruling designating K.W. a delinquent for resisting law enforcement,
and orders the delinquency adjudication vacated. Justices held that evidence was insufficient that K.W. acted “forcibly”
to resist a school resource officer when he pulled away as the officer was attempting to handcuff him.

Indiana Court of AppealsClematine Hollingsworth v. State of Indiana
49A02-1207-CR-617
Criminal. Affirms conviction for Class B misdemeanor public intoxication, holding that an amendment to the statute could
not be retroactively applied.

Nathan Carl Gilbert v. State of Indiana
10A05-1204-CR-220
Criminal. Affirmed in part, reversed in part and remands for resentencing of a Kentucky inmate on four counts of burglary,
holding he was denied due process at his sentencing hearing when he wasn’t allowed sufficient time to prepare or properly
examine his pre-sentence investigation report. The court held that the “anti-shuffling” provision of the Interstate
Agreement on Detainers was not violated when Gilbert was returned to Kentucky before his sentencing hearing could be held
in Indiana because the proceeding did not constitute a trial as defined under that provision.Joshua King v. State of Indiana
49A02-1204-CR-351
Criminal. Affirms King’s convictions for Class C felony battery, Class A misdemeanor battery, and Class D felony strangulation
and remands for correction of the Abstract of Judgment which incorrectly lists King’s second battery conviction as a
Class C felony. Ruled the court did not violate King’s rights under the Confrontation Clause when it admitted testimony
given by a police officer based on statements from the victim. Also found the trial court did not abuse its discretion when
it admitted recordings of calls of King discussing the crime from jail.

Kelvin Hampton v. State of Indiana (NFP)
84A04-1209-CR-483
Criminal. Reverses and remands a denial of request for return of $146 in $1 bills and a photograph seized during a search
of his residence, holding there was no indication the state instigated civil forfeiture proceedings.

Pablo C. Gallo v. Sandra Moira Hyland (NFP)
79A02-1207-DR-624
Domestic relations. Reverses and remands the trial court’s distribution of marital property order with instructions
that the court follow the statutory presumption of equal distribution of property or set forth its rationale for deviating
from it.